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Barrack, Luise A.

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Luise A. Barrack is a member with Rosenberg & Estis, P.C. and heads the firm’s Litigation Department. Ms. Barrack served as Managing Member of the firm from 2010-2020. Under her leadership, the firm more than doubled in size and received the “Litigation Department of the Year: Real Estate” Award (2018) from the New York Law Journal. Clients come to Ms. Barrack for her killer instincts tempered by her sage counsel. She is a staunch advocate for her clients, many of whom she has represented for more than 30 years. Her no-nonsense approach has helped shape Rosenberg & Estis, P.C. into the tough and highly respected law firm it is today.

Ms. Barrack is an experienced practitioner in all of New York’s courts and she has substantial expertise in all facets of real estate litigation. Her real estate practice concentrates on representing developers, lenders, commercial owners, hoteliers, not for profit corporations and educational institutions. Ms. Barrack is one of New York's leading Loft Law experts, handling legalization, valuation of loft fixtures, and the costs of code compliance.

Ms. Barrack also represents owners and developers in construction litigation, developments, demolitions and assemblages, and disputes including succession rights, non-primary residence, and owner occupancy. In addition, she is seasoned in cooperative, condominium, and shareholder disputes and versed in rent regulatory and administrative law, including obtaining certificates of no harassment (CONH).

Ms. Barrack has handled such wide ranging matters as defeating a claim that a developer was required to conduct an environmental study prior to filing an administrative proceeding for permission not to renew rent stabilized tenants' leases in order to demolish a Central Park South building; reaching a multimillion dollar deal and property exchange with Columbia University; representing New York Law School in recovering a site essential to building its new urban campus; and defeating a party claiming an option to purchase an interest in a High Line building containing a chic and extremely high profile nightclub.

Areas Of Practice   

  • Litigation (Commercial)
  • Litigation (Real Estate)
  • Landlord Tenant Law
  • Loft Law

Bar Admissions   

  • New York, 1981
  • U.S. District Court Eastern District of New York, 1981
  • U.S. District Court Southern District of New York, 1981

Education   

  • New York Law School, New York, New York
    • J.D. - 1980
    • Honors: Member, Moot Court Association, 1978-1979
  • State University of New York at Stony Brook
    • B.A. - 1977
    • Honors: cum laude

Published Works   

  • Why common law excuses can’t be tolerated from commercial rent debtors, Real Estate Weekly, August 2020
  • NY Broker Fee Guidance Has Unintended Consequences, Law360, February 2020
  • Owners, tenants lament flaws in rent regulation overhaul, Real Estate Weekly, November 2019
  • 2019 Tenant Protection Act: The pendulum has swung too far, Real Estate Weekly, September 2019
  • CONH could discourage owners from renovating, New York Real Estate Journal, December 2018

Representative Cases   

  • Matter of 220 CPS "Save Our Homes" Assn. v. New York State Div. of Hous. & Community Renewal, 60 A.D.3d 593, 877 N.Y.S.2d 21 (2009)

Honors and Awards   

  • Commercial Observer’s "Barrier-Breaker Award," 2018
  • New York Real Estate Journal: 2018 Women In Real Estate
  • Bisnow Power Women, 2016 and 2018
  • Crain's 2018 Legal List/Leading Women Lawyers in NYC
  • Preeminent AV Rated by Martindale Hubbell, 2012 - present
  • New York Super Lawyers Top Women Attorneys in the New York Metro Area, 2012-Present
  • Honored by New York Law Journal as a "Distinguished Leader," 2017
  • Honored by Real Estate Forum as a "Woman of Influence," 2011-2014
  • New York Super Lawyers, 2006 - Present
  • Honored by Real Estate Weekly as an Industry Leader, 2010
  • Honored by Real Estate New York as a "Woman of Influence," 2008
  • Joseph Solomon Scholar, University of Bologna School of Law, Italy

Professional Associations and Memberships   

  • Member of the Irvington Village Zoning Board, 2014-2018
  • New York City Bar Association, Member, Committee on Cooperative and Condominium Law, 2013-2016
  • New York City Bar Association, Member, Committee on the Judiciary, Class of 2010-2013

Pro Bono Activities   

  • YMCA Development Committee, Leadership Council
  • Co-Chair of the YMCA’s 2016 Annual Campaign
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Luise A. Barrack
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